POLI 1P98 Lecture Notes - Lecture 2: Supreme Court Act, Constitutionalism
17 Sep 2016
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Document Summary
The canadian constitution the master constitution poli 1p98 9/16/16. Institution: set of rules, sets of legal rules and normative on who determines policies. When these 3 are combined, it becomes parliamentary federalism . Constitution: highest level in law in a political law, trumps all other laws: contains rules that political power is structured, exercised and constrained. Constitutions are rarely single documents: periodically amended, some parts are unwritten, intended to be prudent and permanent. Written parts can be changed through the use of the amending formulae which needs a unanimous agreement to be changed. Constitutionalism: actors in political system recognize the constitution as legitimate, to play within the rules, accept the judiciary role in interpreting the constitution. Rule of law must obey the rules of the constitution. Entrenched constitutional law written and protected by amending formula (eg. constitution act 1867 & 1982) Non-entrenched constitutional law written, not protected (eg. supreme court act.
